Transient Mooring Permit Terms and Conditions

Recitals:

Otonabee Region Conservation Authority operates the Peterborough Marina with the municipal address 92 George Street North, Peterborough, Ontario (the “Marina”). The Marina is located within and forms part of Del Crary Park (collectively, the “Premises”).

The Renter mooring a recreational Vessel at the Marina is subject to the terms and conditions set out below.

The Mooring Permit:

Subject to the Renter complying with the Renter’s obligations, this Mooring Permit allows the Renter to use the Mooring Slip for the time-period noted in the Mooring Permit.

The Mooring Permit applies to:

a.      The Renter's Vessel while it is located within the Marina; and

b.      Any activity undertaken by the Renter while within the Premises, including, if applicable, vehicle and trailer parking.

The Renter’s Obligations:

The Renter irrevocably warrants:

a.      To comply with the Rules and Regulations set out below, or as amended and posted from time to time by Otonabee Region Conservation Authority. The Renter shall ensure that its agents, invitees, crew, family members, and guests conduct themselves in accordance with the Rules and Regulations of the Premises.

b.      That they are fully licensed to operate the Vessel identified in the Mooring Permit.

c.      That the Vessel is a seaworthy pleasure craft, registered, identified, licenced and equipped in accordance with applicable Canadian Shipping Laws and it will be operated under its own power.

d.      Payment required to obtain a Mooring Permit shall be made by credit card.

Waiver & Indemnity: The Renter agrees to pay the costs of all damage to the City of Peterborough’s property and to the property of other occupants of the Premises resulting directly or indirectly from the Renter’s negligence or negligence of their agents, invitees, crew, family members, or guests. Without limiting the foregoing, the Renter covenants to indemnity and save harmless Otonabee Region Conservation Authority against any loss, costs, suits, claims (including penalties and fines) arising out of or in connection with the issuance of the Mooring Permit and from any discharge or release of any fuel, chemicals, waste, or other pollutants, or violation of any statue or regulation relating to the use, operation, or ownership of the Vessel by the enter, their agents, invitees, crew, family members, or guests. Furthermore, the Renter waives as against Otonabee Region Conservation Authority and its employees, agents, invitees and elected officials, any all claims whether now known or whether discovered in the future related to or arising out of the (i) Renter’s use of the Mooring Slip and the Premises and (ii) Otonabee Region Conservation Authority’s issuance of the Mooring Permit.

No Duty to Inspect or Maintain: The Renter acknowledges that Otonabee Region Conservation Authority does not assume any duty to care to prevent loss or damage to the Renter’s Vessel, vehicle, trailer, equipment or other property while on or within the Premises. The Renter hereby releases and discharges Otonabee Region Conservation Authority, its employees, agents, and representatives from all actions, causes of action, claims and demands in relation to:

a.      Any theft, loss or damage to the Vessel, vehicle, trailer, equipment and other property brought onto or within the Premises, how so ever caused;

b.      b. Any personal injury, including death, sustained by the Renter, their agents, invitees, crew, family members, and guests or by any third-party while on or within the Premises, how so ever caused, unless such loss, damage, injury or death was caused by Otonabee Region Conservation Authority’s gross negligence.

No Assignment or Sublet: The Renter shall not assign this Mooring Permit or sublet the Mooring Slip.

Termination:

This Mooring Permit shall remain in full force and effect for the term set, unless terminated as a result of the following conditions:

a.      If the Marina or the Premises is damaged or destroyed by fires, storm, or other calamity;

b.      Any breach of this Mooring Permit, including the Rules and Regulations, by the Renter or by those for whom the Renter is responsible.

If Otonabee Region Conservation Authority thinks that the terms and conditions of the Mooring Permit have been violated, Otonabee Region Conservation Authority may provide a verbal warning before terminating the Mooring Permit. If Otonabee Region Conservation Authority elects to provide the Renter with any type of written notice, delivery of such written notice to the Renter, or posting the written notice, at the Mooring Slip will constitute effective service as of the date of delivery or posting. Upon termination, any amounts paid to Otonabee Region Conservation Authority under this Mooring Permit shall be applied to any sums owing to Otonabee Region Conservation Authority. All deposits, Fees and Damage Deposits will be retained by Otonabee Region Conservation Authority as liquidated damages and not as a penalty.

Restrictions on Use

The Renter agrees to comply with all federal, provincial and municipal laws/bylaws, rules and regulations affecting the Premises.

Without the prior written approval of Otonabee Region Conservation Authority, no person shall: (a) sell or offer or display for sale any beverages, food or merchandise within the Premises or on its surrounding property; (b) conduct any trade or business within the Premises or on its surrounding property.

Miscellaneous

No Waiver: A waiver by Otonabee Region Conservation Authority of any one or more of the terms or conditions herein contained shall not be deemed to be a waiver of any of the other terms and conditions of this Mooring Permit other than those specifically waived. In no event shall any waiver be deemed to be a continuing waiver.

Repair or Maintenance of Vessel Not Permitted: The Renter further agrees that while their Vessel is within the Marina or the Premises, not cause or permit any person or any company, other than those authorized by Otonabee Region Conservation Authority, to perform any repair or maintenance of the Vessel. If Otonabee Region Conservation Authority does not authorize the Renter’s desired repair then, the Renter, at its sole risk and expense, shall arrange for the Vessel to be forthwith towed from or hauled out of the Marina. If the Vessel sinks or otherwise becomes unseaworthy, then the Renter shall forthwith remove the Vessel.

Mooring Permit Not Transferrable: The Renter acknowledges that the Mooring Permit only applies to the Vessel identified in the Mooring Permit.

Corporate Authority: If the Renter is a corporation, the person signing this Mooring Permit hereby acknowledges that the Renter has all necessary corporate power, authority, and capacity to enter into this Mooring Permit, to perform its obligations, and to bind the corporation.

Executors, Heirs, Administrators: This Mooring Permit shall be binding on each of the parties hereto, their respective heirs, executors, administrators, personal representatives, successors, and assigns and all references to the Renter shall bind the actual Renter or Renters of the Vessel and their respective heirs, executors, administrators, personal representatives, successors and assigns.

Entire Agreement: This Mooring Permit shall constitute the entire agreement between the parties. There is no representation, warranty, condition, or collateral agreement affecting this Mooring Permit other than as expressed herein in writing.

Jurisdiction: The rights and obligations under this Mooring Permit shall be interpreted and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada.

Consent and Acknowledgement to Collection, Use and Disclosure of Personal Information: The Renter agrees that Otonabee Region Conservation Authority can collect, use and disclose the Renter’s personal information when reasonably necessary to fulfill the purposes of this Mooring Permit and to communicate with the Renter (such as in the situations described section below). For example, Otonabee Region Conservation Authority may use the Renter’s personal information to communicate with the Renter in respect of this Mooring Permit; collect any debt owed by the Renter to Otonabee Region Conservation Authority in connection with this Mooring Permit (such as providing a debt collector, credit agency or credit bureau, with the Renter’s contact information); and to communicate with the Renter in respect of any services offered by Otonabee Region Conservation Authority.

The Renter agrees that Otonabee Region Conservation Authority can contact the Renter, including by email, in order to share information with the Renter and to establish and manage Otonabee Region Conservation Authority’s relationship with the Renter. Otonabee Region Conservation Authority may communicate with the Renter; if there is an emergency that affects the Premises (such as a storm, flooding, fire, power outage, water quality problem); to give the Renter information about the Premises (such as a newsletter or event newsletter); or to give the Renter general information and offers about other services available at the Premises or within Otonabee Region Conservation Authority. The Renter may withdraw this consent at any time. It is the Renter’s obligation to keep their contact information current.

Special Events: Special events occur at the Premises. If Otonabee Region Conservation Authority requires the Renter to relocate to a different Mooring Slip, it shall use the Renter’s contact information to provide notice. No refunds will be issued. If the Renter, as a result of a Special Event, initiates a transfer to a different Mooring Slip, Otonabee Region Conservation Authority may be required to apply additional fees.

If any term or condition of the Agreement, or the application thereof to the parties or to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of the Agreement, and the application of such term or condition to the parties, persons, or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby.

As noted in Renter Obligations, the Renter is receiving permission to use the Mooring Slip time-period noted in the Mooring Permit. Otonabee Region Conservation Authority denies that it has made any representation to the Renter that the same Mooring Slip may be made available to the Renter in any subsequent rental.

Issuance of a Mooring Permit, shall contain accurate information concerning the Vessel’s dimensions, including any protrusions such as bow and stern pulpits, outboard motors, swim platforms, control tabs and auxiliary Vessels. Any person who misrepresents the dimensions of a Vessel or fails to accurately list the Vessel’s protrusions may be subject to (i) additional fees; (ii) being relocated to a different Mooring Slip or (iii) having the Mooring Permit revoked.

Rules and Regulations

1.      Otonabee Region Conservation Authority reserves the right to:

a.      amend the Rules and Regulations with or without notice and such amendments shall be effective upon being posted at the Premises;

b.      to immediately terminate a Mooring Permit and/or issue a trespass notice, if the Renter or their agents, invitees, crew, family members, or guests fail to comply with the Rules and Regulations or if they conduct themselves in a manner which interferes with other’s quiet use or enjoyment of the Premises;

c.      conduct periodic safety inspections by Otonabee Region Conservation Authority’s employees, and, in addition to the foregoing, a Vessel may be boarded by Otonabee Region Conservation Authority employees if Otonabee Region Conservation Authority, in its sole determination thinks an emergency exists; and

d.      waive any term or condition of the Mooring Permit, except the Fee, if the Vessel is solely powered by human power (E.g. a canoe or kayak).

2.      All Renters and visitors who enter the Marina or the Premises do so solely at their own risk and shall comply with all applicable federal, provincial laws and municipal by-laws.

3.      Otonabee Region Conservation Authority is not responsible for the loss or damage to (i) any Vessel or (ii) any property stored on a Vessel within the Marina or which may be located within the Premises.

4.      All Renters and visitors shall observe the Clean Marine Program initiatives, as may be revised from to time.

5.      Otonabee Region Conservation Authority will issue the Renter a pass-card which operates the gate which separates the Marina from the Premises. Each pass-card is subject to a $100.00 deposit. Failure to return the pass-card(s) at the end of the reservation in the Facility Rental Summary will result in the forfeit of the deposit for each pass-card.

6.      All Vessels must be removed from the Harbour and from the Premises on or before October 12, 2026. The Renter acknowledges that Otonabee Region Conservation Authority will disconnect the seasonal electrical and water service and close the Marina coincidental with the closure of the Trent Severn Waterway.

7.      No person within the Marina shall:

a.      Operate a Vessel in excess of 8 km/h (5 m/h). The Renter acknowledges that the Marina is a “No Wake Zone”.

b.      Moor a Vessel other than in accordance with the terms set out in the Mooring Permit. No mooring line shall be strung across a Mooring Slip.

c.      Occupy a Mooring Slip prior to or following the dates specified in the Mooring Permit.

d.      Abandon a Vessel.

e.      Operate any motor vehicle, except upon a roadway and then not at a speed exceeding 16 kph.

f.        Park or stand any motor vehicle contrary to any sign.

g.       Permit any dog, cat or other animal to be within the Premises, unless led on a leash which is not to exceed 2-meters in length.

h.      Permit any animal to deposit excrement within the Premises unless such excrement is immediately removed and properly disposed of.

i.        Cause or permit the discharge of any trash, litter, sewage, fuel or other pollutant into the Marina. All recyclable material is to be placed in the appropriate container.

j.        Operate a bilge pump while in the Marina or on the Premises in a manner which is inconsistent with following the requirements of the Clean Marine Program.

k.       Fuel a Vessel at a place other than the designated dock and then only in accordance with Fuel Handling Act.

l.        Connect to electrical service for any purpose other than to provide power to a Vessel. The Renter must be familiar with CSA Standard C-22, No 1831-M19A2.AC, Electrical Installations on Vessels and, in particular, Section 4.6 (Shore Power Supply) and 5.3 (Shore Power Inlet Warning). Otonabee Region Conservation Authority may disconnect any unauthorized electrical service connection.

m.    Swim, bathe or fish within the Marina.

n.      Cause or permit an auxiliary Vessel, while in the Marina, to be moored to the Vessel in a way that: i. hinders the passage of other Vessels;

                             i.            ii. hinders persons using the dock; or

                            ii.            protrudes into or over Navigable Water.

o.      Cause of permit supplies, accessories, Garbage, recycling or other materials or property to be stored on a dock, except while actively engaged in loading/unloading same to or from a Vessel or moving garbage or recycling to its proper container.

p.      Cause or permit any type of hazard to enter the Marina or be placed on any dock.

q.      Cause or permit a fender to be hung in such a way that fails to prevent damage to neighbouring Vessels or cause or permit a fender to be attached to any City property, except in a manner approved by Otonabee Region Conservation Authority staff.

r.        Cause or permit the gate which separates the Marina from the Premises to be open except when a Renter, or their agents, invitees, crew, family members, or guests are passing through the said gate.

8.      The Renter acknowledges having read and understood the Rules and Regulations.